When On Probation, Be Aware Of Possible Violations

“Probation violations in Florida may mean completely rescinding probation,” said Thomas Grajek, a Polk County criminal defense attorney. “And that applies to violating the generic probation rules, and other stipulations that may specifically apply to each individual’s case.”

Probation is typically awarded based on a number of factors, which may include the severity of the crime committed and the exact nature of the offense, plus the offender's existing record, if applicable. If an offender has been granted probation, or if an individual is facing pending criminal charges, they should be aware of what constitutes probation violation.

“There is a fairly comprehensive government website that lays out the 2009 Florida statues, which individuals can use to become familiar with the general probation rules,” said Grajek. Some of those rules include, but are not limited to, reporting to a probation officer according to the conditions of an individual’s probation, securing a job and living within a designated area.

“Typically, many on probation must also pass random drug tests, not own or possess a gun or drink to excess, and any new criminal charges count as probation violation.” What many individuals on probation do not realize is that they are also responsible for paying a fee, each month, to the court supervising them.

Being on probation is not just a matter of staying out of trouble. It is also a time when probationers are strongly encouraged to pursue their schooling. Put another way, if they do not finish schooling, this may be considered a probation violation. Staying out of trouble also relates to not associating with gangs or getting involved in gang-like activities.

“The conditions of an offender’s probation, other than the general ones, largely relate to the specific offense,” criminal defense attorney Grajek explained. “For instance, a series of drug convictions may see the offender ordered into drug treatment, or a batterer mandated to attend a domestic violence program.” Attendance in these various programs is not optional, and those that do not attend, or do not complete the courses, find themselves in violation of the terms of their probation. Probation conditions may be set to suit the circumstances of the crime, and that may vary. There are even situations where a court may order restitution to be paid to a victim for medical bills.

“Be aware of the conditions of your probation, particularly if you do not want to have it revoked. If you have questions about your case, contact my office and we can discuss your situation,” suggested Grajek.

A criminal charge involves a criminal complaint, or an “accusatory instrument,” which is the papers filed that accuse someone of committing a crime. There are two delineating criteria factored into considering if a criminal complaint is to be used in a case. One factor looks at whether state or federal laws were broken, which usually determines what court a trial may be held in. Another depends on the nature of the crime and whether it constitutes a serious felony or a less serious misdemeanor. Since different jurisdictions with differing rules and regulations may be involved, it is vitally important to […]

How to get a hardship license after you have been arrested for DUI.Today, I was at the Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews for a Formal Review. Polk County DUI arrests now conduct these hearings telephonically. While there, a person who was just arrested for DUI was trying to “waive” their right to a Formal Review and apply for a hardship license for the entire period of suspension. In a breath test refusal case, this suspension is one (1) year. In an unlawful breath (driver blew over 0.08 legal limit) case, the suspension is six (6) months. This allows a 1st time DUI driver to keep some […]

Florida sex crime attorney Thomas Grajek on the "sex on the beach" case sentencingToday the infamous couple convicted of having “Sex on the Beach” are scheduled to be sentenced today. I have previously posted about this case explaining how serious this charge can be at: http://www.flcrimedefense.com/2015/05/florida-couple-found-guilty-of-sex-on-the-beach-and-now-will-be-classified-as-sexual-offenders-and-face-prison-time/ Bay News 9 is reporting that the prosecutor is only seeking 2 1/2 years in prison for the male involved in the case. If the judge agrees to mitigate Jose Caballero’s sentence to that prison sentence, it will be a hug break for him as he is facing a mandatory 15 years in prison. The State can agree to mitigate the sentence which is one of the few […]